Disposed

E.Venkatesan v. The District Collector

Madras HC19 Aug 2020WP/7964/2020

Case brief

AI extract

What is this about?

Writ filed challenging illegal allotment of free house plots where ineligible persons, including a husband and wife, received allocation. Court directed first respondent to consider petitioner's representation, issue notice to ineligible allottees, and pass final orders within 12 weeks.

What did the court decide?

Direction to first respondent to consider petitioner's representation, issue notice to 4th and 5th respondents, provide opportunity of hearing, and pass final orders within 12 weeks.

E.Venkatesan Vs The District Collector — Land Acquisition | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 19.08.2020

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CORAM:

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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W.P.No.7964 of 2020

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E.Venkatesan,
S/o.Late Mr.Erusan. ... Petitioner
Vs.
1.The District Collector,
Villupuram District,
Villupuram.
2.The Revenue Divisional Officer,
Tindivanam Revenue Division,
Tindivanam,
Villupuram District.
3.The Tasildar,
Tindivanam Taluk,
Tindivanam,
Villupuram District.
4.Rani,
W/o.Govindasamy Gounder.
5.Govindasamy Gounder. ... Respondents.

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PRAYER: Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus, directing to consider the representation dated 10.01.2020 made by the petitioner in accordance with law including by affording an opportunity of hearing to the petitioner and further directing the respondents to look into the legality and propriety of the allotment of all free house plots made vide Tk.8A 307/1413 dated 22-1-2004 and cancel all illegal and improper allotments including the patta Nos.309 and 310 in Gramanatham survey Nos.43/2 and 43/15 in Keel Koodalur Village, Melpettai post, Tindivanam Taluk and further allot the same to the eligible poor persons including the petitioner and pass orders.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner : Mr.T.Sundaranathan for Mr.S.Muthaiya.

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For Respondents: Mr.Annai Ezhil, for RR1 to 3 Government Advocate

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O R D E R

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This writ petition has been filed for the issuance of writ of Mandamus directing the respondents 1 to 3 to consider the representation made by the petitioner on 10.01.2020 and to take action in accordance with law within the time stipulated by this Court.

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2.The case of the petitioner is that the State Government had announced allotment of the free house plots for the poor and landless persons. The grievance of the petitioner is that the lands were allotted to many persons who are ineligible and the 4^th and 5^th respondents, who are the husband and wife, each have been allotted one plot, totally against the very object the scheme. The petitioner made a representation in this regard on 10.01.2020. Since the same was not considered by the respondents, the present writ petition has been filed before this Court seeking for appropriate directions.

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3.Heard Mr.T.Sundaranathan, the learned counsel appearing on behalf of the petitioner and Mr.Annai Ezhil, learned Government Advocate, appearing on behalf of the respondents 1 to 3.

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4.The grievance of the petitioner is that he is a coolie, who depends upon his daily wages for his livelihood and instead of selecting persons like the petitioner, patta has been issued to those persons who are ineligible and separate patta have been issued to the 4^th and 5^th respondents, for two different plots under the scheme and they are husband and wife.

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5.Taking into consideration the facts and circumstances of the case and the limited relief sought for in this petition, there shall be a direction to the first respondent to consider the representation made by the petitioner on 10.01.2020 and deal with the same strictly in line with the relevant government orders and pass final orders within a period of twelve weeks from the date of receipt of copy of this order. The first respondent shall issue notice to the 4^th and 5^th respondents and give them an opportunity before passing final orders. The petitioner shall send a fresh representation to the first respondent along with all relevant documents and also a copy of this order.

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https://hcservices.ecourts.gov.in/hcservices/

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6.This writ petition is disposed of with the above directions. No costs.

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Sd/-
Assistant Registrar(CS I)
//True Copy//
Sub Assistant Registrar
rm
To
1.The District Collector,
Villupuram District,
Villupuram.
2.The Revenue Divisional Officer,
Tindivanam Revenue Division,
Tindivanam,
Villupuram District.
3.The Tasildar,
Tindivanam Taluk,
Tindivanam,
Villupuram District.
4.The Public Prosecutor,
High Court, Madras.
+1cc to The Government pleader, sr no.27396
W.P.No.7964 of 2020
PVS(CO)
RMP(03/09/2020)

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https://hcservices.ecourts.gov.in/hcservices/

E.Venkatesan v. The District Collector

Case brief

What is this about?

What did the court decide?

E.Venkatesan v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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